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Civil Rights Prosecution

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Department of Justice , Civil Rights Division
CFDA #: 16.109

Criteria for selecting proposals...

Each statute has elements of the offense that must be met in order for there to be Federal jurisdiction. Furthermore, there must be evidence to prove beyond a reasonable doubt that a violation occurred. Official misconduct cases: (1) the defendant must have been acting under color of the law, that is, while using or misusing power possessed by reason of the law (Private citizens jointly engaged with State officials, who are themselves acting under color of the law, in prohibited activity, are acting under color of law for purposes of Section 242.); (2) the conduct of the defendant must have deprived the victim of some right secured or protected by the Constitution or laws of the United States; and (3) there must have been an intent on the part of the defendant willfully to subject the victim to the deprivation of the right described above. Racial violence cases: (1) the defendant must have acted with force or the threat of force; (2) the defendant must have injured, intimidated, or interfered with or attempted to injure, intimidate or interfere with the victim; (3) the defendant must have acted because of the victim's race, color, religion or national origin and because the victim was participating or engaged in a federally protected activity (as enumerated in 18 U.S.C. 245 (b)(2)(A) through (F)) and 42 U.S.C. 3631; and (4) finally, the defendant must have acted willfully. Human trafficking/ involuntary servitude cases: (1) a person must be made to work against his will by the defendant; (2) the period of involuntary servitude must be for a "term"; (3) the defendant must have caused the involuntary servitude by his acts; and (4) the defendant must have intended to cause involuntary service by his acts. Forced labor: (1) defendant did, or attempted to, provide or obtain the labor or services of a person, (2) defendants used either threats of serious harm to, or physical restraint against, that person or another person; used a scheme, plan, or pattern intended to cause the person to believe that non-performance would result in serious harm to, or physical restraint against, that person or another person; or abused or threatened abuse of the law or legal process, and (3) defendant acted knowingly. Reproductive health clinic access cases: (1) facility providing reproductive health services; (2) defendant used force, threat of force, or physical obstruction; (3) defendant intended or attempted to injure, intimidate, or interfere with; and (4) someone providing or obtaining reproductive health services.